Acts or Omissions that Constitute Undesirability of Foreign Nationals
BI Operations Order No. SBM-2014-048 outlines the criteria for determining the undesirability of foreign nationals in the Philippines, as mandated by the Philippine Immigration Act of 1940. It specifies that foreign nationals committing criminal acts punishable by one year of imprisonment are not automatically deemed undesirable unless the acts are against a community or involve moral turpitude. Substantial evidence is required to establish a foreign national's undesirability, and they may still face deportation even if criminal charges are dismissed, provided there's sufficient evidence of undesirability. Additionally, minor offenses do not constitute undesirability unless they pose a risk to public safety. The order took effect 15 days after its receipt by the National Administrative Register.
Quick Answers
- What is Acts or Omissions that Constitute Undesirability of Foreign Nationals about?
- BI Operations Order No. SBM-2014-048 outlines the criteria for determining the undesirability of foreign nationals in the Philippines, as mandated by the Philippine Immigration Act of 1940. It specifies that foreign nationals committing criminal acts punishable by one year of imprisonment are not automatically deemed undesirable unless the acts are against a community or involve moral turpitude. Substantial evidence is required to establish a foreign national's undesirability, and they may still face deportation even if criminal charges are dismissed, provided there's sufficient evidence of undesirability. Additionally, minor offenses do not constitute undesirability unless they pose a risk to public safety. The order took effect 15 days after its receipt by the National Administrative Register.
- What type of law is BI Operations Order No. SBM-2014-048?
- Acts or Omissions that Constitute Undesirability of Foreign Nationals (BI Operations Order No. SBM-2014-048) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Acts or Omissions that Constitute Undesirability of Foreign Nationals enacted?
- Acts or Omissions that Constitute Undesirability of Foreign Nationals (BI Operations Order No. SBM-2014-048) was enacted on Sep 30, 2014.
- What is the citation for Acts or Omissions that Constitute Undesirability of Foreign Nationals?
- Acts or Omissions that Constitute Undesirability of Foreign Nationals, BI Operations Order No. SBM-2014-048, Sep 30, 2014 (Philippines)
Law Information
- Reference Number
- BI Operations Order No. SBM-2014-048
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Aliens
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 30, 2014
BI OPERATIONS ORDER NO. SBM-2014-048
ACTS OR OMISSIONS THAT CONSTITUTE UNDESIRABILITY OF FOREIGN NATIONALS
WHEREAS, the Philippine Immigration Act of 1940 (Commonwealth Act No. 613), as amended mandates the Bureau of Immigration (BI) as the agency principally responsible for the administration and enforcement of foreign nationals' admission, deportation and registration laws;
WHEREAS, the BI has been receiving complaints alleging undesirability of foreign nationals;
WHEREAS, there is a need to specify the acts or omissions that constitute undesirability of a foreign national under CA 613, Sec. 52 in relation to Act 2711, Sec. 69;
NOW, THEREFORE, pursuant to CA 613, Sec. 3 granting the rule-making power of the Commissioner, the following rules are hereby prescribed:
SECTION 1. Acts or Omissions Constituting Criminal Offense. — The commission of any act or omission commit of any act or omission constituting criminal offense punishable by imprisonment of one (1) year shall not deem a foreign national as undesirable UNLESS his said acts or omission are: (i) against a group or a community; or (ii) constitute moral turpitude.
SECTION 2. Evidence Required to Prove Undesirability. — Substantial evidence shall be required to prove undesirability.
In cases when the appropriate government agency/officer files criminal information against a foreign national after inquest proceedings or preliminary investigation, the foreign national shall likewise be charged and deported if there is substantial evidence to prove his undesirability as defined in Section 1.
However, the charges of undesirability shall not be used as a means of evading criminal prosecution.
In cases when the foreign national is ordered released for further investigation or the criminal complaint is dismissed, the foreign national shall still be charged and deported if there is substantial evidence to prove his undesirability under Section 1. aSEDHC
SECTION 3. Acts Not Constituting Criminal Offense. — The commission of acts not constituting criminal offense such as misdemeanor and light misconduct shall not deem a foreign national as undesirable UNLESS his offensive acts poses risk to public interest and public safety.
SECTION 4. Effectivity. — This Operations Order shall take effect fifteen (15) days from receipt of the Office of the National Administrative Register (ONAR),U.P. Law Center, U.P. Diliman, Quezon City.
(SGD.) SIEGFRED B. MISONCommissioner
Cite This Law
Acts or Omissions that Constitute Undesirability of Foreign Nationals, BI Operations Order No. SBM-2014-048, Sep 30, 2014 (Philippines)
Acts or Omissions that Constitute Undesirability of Foreign Nationals, BI Operations Order No. SBM-2014-048 (Phil. 2014)
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